IN RE: PEN HOLDINGS, INC., et al., Chapter 11 Debtors.

Jointly Administered Case No. 302-00979.United States Bankruptcy Court, M.D. Tennessee.
February 17, 2005

Randal S. Mashburn, Courtney H. Gilmer, Baker, Donelson, Bearman, Caldwell Berkowitz, Nashville, TN, Attorneys for the Reorganized Debtor.

Thomas H. Forrester, Gullett, Sanford, Robinson Martin, PLLC, Nashville, TN, Attorneys for Penn Virginia Operating Co., LLC.

AGREED ORDER RESOLVING OBJECTION TO CLAIMS OF PENN VIRGINIA OPERATING CO., LLC
KEITH LUNDIN, Bankruptcy Judge

It appears to the Court that The Elk Horn Coal Company, LLC, the Reorganized Debtor arising out of the above-styled bankruptcy proceedings (“Reorganized Debtor”), and Penn Virginia Operating Co., LLC (“Penn Virginia”) have reached an agreement resolving the Reorganized Debtor’s Objection (the “Objection”) to various claims (the “Claims”) filed by Penn Virginia. For good cause shown, and for purposes of resolving this contested matter and no other, it is hereby ordered by the Court as follows:

1. Penn Virginia shall have an allowed unsecured claim in the amount of $3,541,612.71.

2. To the extent that the remainder of the Claims filed by Penn Virginia exceed $3,541,612.71, such Claims are disallowed.

IT IS SO ORDERED.